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However, under Article 10.6.2, no reduction of sanction is appropriate unless, when the degree of Fault is assessed, the conclusion is that No Significant Fault or Negligence on the part of the Athlete or other Person was involved.
]124 [Comment to In-Competition: Having a universally accepted definition for In-Competition provides greater harmonization among Athletes across all sports, eliminates or reduces confusion among Athletes about the relevant timeframe for In-Competition Testing, avoids inadvertent Adverse Analytical Findings in between Competitions during an Event and assists in preventing any potential performance enhancement benefits from Substances prohibited Out-of-Competition being carried over to the Competition period.
]World Anti-Doping Code 2021170APPENDIX 1 DefinitionsIndependent Observer Program: A team of observers and/or auditors, under the supervision of WADA , who observe and provide guidance on the Doping Control process prior to or during certain Events and report on their observations as part of WADA ’s compliance monitoring program.Individual Sport: Any sport that is not a Team Sport.Ineligibility: See Consequences of Anti-Doping Rule Violations above.Institutional Independence: Hearing panels on appeal shall be fully independent institutionally from the Anti-Doping Organization responsible for Results Management.
They must therefore not in any way be administered by, connected or subject to the Anti-Doping Organization responsible for Results Management.International Event: An Event or Competition where the International Olympic Committee, the International Paralympic Committee, an International Federation, a Major Event Organization, or another international sport organization is the ruling body for the Event or appoints the technical officials for the Event.International-Level Athlete: Athletes who compete in sport at the international level, as defined by each International Federation, consistent with the International Standard for Testing and Investigations.125International Standard: A standard adopted by WADA in support of the Code.
Compliance with an International Standard (as opposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by the International Standard were performed properly.
125 [Comment to International-Level Athlete: Consistent with the International Standard for Testing and Investigations, the International Federation is free to determine the criteria it will use to classify Athletes as International-Level Athletes, e.g., by ranking, by participation in particular International Events, by type of license, etc.
However, it must publish those criteria in clear and concise form, so that Athletes are able to ascertain quickly and easily when they will become classified as International-Level Athletes.
For example, if the criteria include participation in certain International Events, then the International Federation must publish a list of those International Events.
]World Anti-Doping Code 2021171International Standards shall include any Technical Documents issued pursuant to the International Standard.Major Event Organizations: The continental associations of National Olympic Committees and other international multi-sport organizations that function as the ruling body for any continental, regional or other International Event.Marker: A compound, group of compounds or biological variable(s) that indicates the Use of a Prohibited Substance or Prohibited Method.Metabolite: Any substance produced by a biotransformation process.Minimum Reporting Level: The estimated concentration of a Prohibited Substance or its Metabolite(s) or Marker(s) in a Sample below which WADA -accredited laboratories should not report that Sample as an Adverse Analytical Finding.Minor: A natural Person who has not reached the age of eighteen years.National Anti-Doping Organization: The entity(ies) designated by each country as possessing the primary authority and responsibility to adopt and implement anti-doping rules, direct the collection of Samples, manage test results and conduct Results Management at the national level.
If this designation has not been made by the competent public authority(ies), the entity shall be the country’s National Olympic Committee or its designee.National Event: A sport Event or Competition involving International- or National-Level Athletes that is not an International Event.National-Level Athlete: Athletes who compete in sport at the national level, as defined by each National Anti-Doping Organization, consistent with the International Standard for Testing and Investigations.National Olympic Committee: The organization recognized by the International Olympic Committee.
The term National Olympic Committee shall also include the National Sport Confederation in those countries where the National Sport Confederation World Anti-Doping Code 2021172APPENDIX 1 Definitionsassumes typical National Olympic Committee responsibilities in the anti-doping area.No Fault or Negligence: The Athlete or other Person’s establishing that he or she did not know or suspect, and could not reasonably have known or suspected even with the exercise of utmost caution, that he or she had Used or been administered the Prohibited Substance or Prohibited Method or otherwise violated an anti-doping rule.
Except in the case of a Protected Person or Recreational Athlete, for any violation of Article 2.1, the Athlete must also establish how the Prohibited Substance entered the Athlete’s system.No Significant Fault or Negligence: The Athlete or other Person’s establishing that any Fault or Negligence, when viewed in the totality of the circumstances and taking into account the criteria for No Fault or Negligence, was not significant in relationship to the anti-doping rule violation.
Except in the case of a Protected Person or Recreational Athlete, for any violation of Article 2.1, the Athlete must also establish how the Prohibited Substance entered the Athlete’s system.Operational Independence: This means that (1) board members, staff members, commission members, consultants and officials of the Anti-Doping Organization with responsibility for Results Management or its affiliates (e.g., member federation or confederation), as well as any Person involved in the investigation and pre-adjudication of the matter cannot be appointed as members and/or clerks (to the extent that such clerk is involved in the deliberation process and/or drafting of any decision) of hearing panels of that Anti-Doping Organization with responsibility for Results Management and (2) hearing panels shall be in a position to conduct the hearing and decision-making process without interference from the Anti-Doping Organization or any third party.
The objective is to ensure that members of the hearing panel or individuals otherwise involved in the decision of the hearing panel, are not involved in the investigation of, or decisions to proceed with, the case.Out-of-Competition: Any period which is not In-Competition.Participant: Any Athlete or Athlete Support Person.Person: A natural Person or an organization or other entity.World Anti-Doping Code 2021173Possession: The actual, physical Possession, or the constructive Possession (which shall be found only if the Person has exclusive control or intends to exercise control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists); provided, however, that if the Person does not have exclusive control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists, constructive Possession shall only be found if the Person knew about the presence of the Prohibited Substance or Prohibited Method and intended to exercise control over it.
Provided, however, there shall be no anti-doping rule violation based solely on Possession if, prior to receiving notification of any kind that the Person has committed an anti-doping rule violation, the Person has taken concrete action demonstrating that the Person never intended to have Possession and has renounced Possession by explicitly declaring it to an Anti-Doping Organization.
Notwithstanding anything to the contrary in this definition, the purchase (including by any electronic or other means) of a Prohibited Substance or Prohibited Method constitutes Possession by the Person who makes the purchase.126Prohibited List: The list identifying the Prohibited Substances and Prohibited Methods.Prohibited Method: Any method so described on the Prohibited List.Prohibited Substance: Any substance, or class of substances, so described on the Prohibited List.126 [Comment to Possession: Under this definition, anabolic steroids found in an Athlete’s car would constitute a violation unless the Athlete establishes that someone else used the car; in that event, the Anti-Doping Organization must establish that, even though the Athlete did not have exclusive control over the car, the Athlete knew about the anabolic steroids and intended to have control over them.
Similarly, in the example of anabolic steroids found in a home medicine cabinet under the joint control of an Athlete and spouse, the Anti-Doping Organization must establish that the Athlete knew the anabolic steroids were in the cabinet and that the Athlete intended to exercise control over them.
The act of purchasing a Prohibited Substance alone constitutes Possession, even where, for example, the product does not arrive, is received by someone else, or is sent to a third-party address.
]World Anti-Doping Code 2021174APPENDIX 1 DefinitionsProtected Person: An Athlete or other natural Person who at the time of the anti-doping rule violation: (i) has not reached the age of sixteen (16) years; (ii) has not reached the age of eighteen (18) years and is not included in any Registered Testing Pool and has never competed in any International Event in an open category; or (iii) for reasons other than age has been determined to lack legal capacity under applicable national legislation.127Provisional Hearing: For purposes of Article 7.4.3, an expedited abbreviated hearing occurring prior to a hearing under Article 8 that provides the Athlete with notice and an opportunity to be heard in either written or oral form.128Provisional Suspension: See Consequences of Anti-Doping Rule Violations above.Publicly Disclose: See Consequences of Anti-Doping Rule Violations above.Recreational Athlete: A natural Person who is so defined by the relevant National Anti-Doping Organization; provided, however, the term shall not include any Person who, within the five years (5) prior to committing any anti-doping rule violation, has been an International-Level Athlete (as defined by each International Federation consistent with the International Standard for Testing and Investigations) or National-Level Athlete (as defined by each National Anti-Doping Organization consistent with the International Standard for Testing and Investigations), has 127 [Comment to Protected Person: The Code treats Protected Persons differently than other Athletes or Persons in certain circumstances based on the understanding that, below a certain age or intellectual capacity, an Athlete or other Person may not possess the mental capacity to understand and appreciate the prohibitions against conduct contained in the Code.
This would include, for example, a Paralympic Athlete with a documented lack of legal capacity due to an intellectual impairment.
The term “open category” is meant to exclude competition that is limited to junior or age group categories.
]128 [Comment to Provisional Hearing: A Provisional Hearing is only a preliminary proceeding which may not involve a full review of the facts of the case.
Following a Provisional Hearing, the Athlete remains entitled to a subsequent full hearing on the merits of the case.
By contrast, an “expedited hearing”, as that term is used in Article 7.4.3, is a full hearing on the merits conducted on an expedited time schedule.
]World Anti-Doping Code 2021175represented any country in an International Event in an open category or has been included within any Registered Testing Pool or other whereabouts information pool maintained by any International Federation or National Anti-Doping Organization.129Regional Anti-Doping Organization: A regional entity designated by member countries to coordinate and manage delegated areas of their national anti-doping programs, which may include the adoption and implementation of anti-doping rules, the planning and collection of Samples, the management of results, the review of TUEs, the conduct of hearings, and the conduct of Educational programs at a regional level.Registered Testing Pool: The pool of highest-priority Athletes established separately at the international level by International Federations and at the national level by National Anti-Doping Organizations, who are subject to focused In-Competition and Out-of-Competition Testing as part of that International Federation’s or National Anti-Doping Organization’s test distribution plan and therefore are required to provide whereabouts information as provided in Article 5.5 and the International Standard for Testing and Investigations.Results Management: The process encompassing the timeframe between notification as per Article 5 of the International Standard for Results Management, or in certain cases (e.g., Atypical Finding, Athlete Biological Passport, whereabouts failure), such pre-notification steps expressly provided for in Article 5 of the International Standard for Results Management, through the charge until the final resolution of the matter, including the end of the hearing process at first instance or on appeal (if an appeal was lodged).
129 [Comment to Recreational Athlete: The term “open category” is meant to exclude competition that is limited to junior or age group categories.
]World Anti-Doping Code 2021176APPENDIX 1 DefinitionsSample or Specimen: Any biological material collected for the purposes of Doping Control.130Signatories: Those entities accepting the Code and agreeing to implement the Code, as provided in Article 23.Specified Method: See Article 4.2.2.Specified Substance: See Article 4.2.2.Strict Liability: The rule which provides that under Article 2.1 and Article 2.2, it is not necessary that intent, Fault, Negligence, or knowing Use on the Athlete’s part be demonstrated by the Anti-Doping Organization in order to establish an anti-doping rule violation.Substance of Abuse: See Article 4.2.3.
Substantial Assistance: For purposes of Article 10.7.1, a Person providing Substantial Assistance must: (1) fully disclose in a signed written statement or recorded interview all information he or she possesses in relation to anti-doping rule violations or other proceeding described in Article 10.7.1.1, and (2) fully cooperate with the investigation and adjudication of any case or matter related to that information, including, for example, presenting testimony at a hearing if requested to do so by an Anti-Doping Organization or hearing panel.
Further, the information provided must be credible and must comprise an important part of any case or proceeding which is initiated or, if no case or proceeding is initiated, must have provided a sufficient basis on which a case or proceeding could have been brought.Tampering: Intentional conduct which subverts the Doping Control process but which would not otherwise be included in the definition of Prohibited Methods.
Tampering shall include, without limitation, offering or accepting a bribe to perform or fail to perform an act, preventing the collection of a Sample, affecting or making impossible the analysis of a Sample, falsifying documents submitted to an Anti-Doping Organization or TUE committee or hearing panel, procuring false testimony 130 [Comment to Sample or Specimen: It has sometimes been claimed that the collection of blood Samples violates the tenets of certain religious or cultural groups.
It has been determined that there is no basis for any such claim.
]World Anti-Doping Code 2021177from witnesses, committing any other fraudulent act upon the Anti-Doping Organization or hearing body to affect Results Management or the imposition of Consequences, and any other similar intentional interference or Attempted interference with any aspect of Doping Control.131Target Testing: Selection of specific Athletes for Testing based on criteria set forth in the International Standard for Testing and Investigations.Team Sport: A sport in which the substitution of players is permitted during a Competition.Technical Document: A document adopted and published by WADA from time to time containing mandatory technical requirements on specific anti-doping topics as set forth in an International Standard.Testing: The parts of the Doping Control process involving test distribution planning, Sample collection, Sample handling, and Sample transport to the laboratory.Therapeutic Use Exemption (TUE): A Therapeutic Use Exemption allows an Athlete with a medical condition to Use a Prohibited Substance or Prohibited Method, but only if the conditions set out in Article 4.4 and the International Standard for Therapeutic Use Exemptions are met.Trafficking: Selling, giving, transporting, sending, delivering or distributing (or Possessing for any such purpose) a Prohibited Substance or Prohibited Method (either physically or by any electronic or other means) by an Athlete, Athlete Support Person or any other Person subject to the authority of an Anti-Doping Organization to any third party; provided, however, this definition 131 [Comment to Tampering: For example, this Article would prohibit altering identification numbers on a Doping Control form during Testing, breaking the B bottle at the time of B Sample analysis, altering a Sample by the addition of a foreign substance, or intimidating or attempting to intimidate a potential witness or a witness who has provided testimony or information in the Doping Control process.
Tampering includes misconduct which occurs during the Results Management process.
See Article 10.9.3.3.
However, actions taken as part of a Person’s legitimate defense to an anti-doping rule violation charge shall not be considered Tampering.
Offensive conduct towards a Doping Control official or other Person involved in Doping Control which does not otherwise constitute Tampering shall be addressed in the disciplinary rules of sport organizations.
]World Anti-Doping Code 2021178APPENDIX 1 Definitionsshall not include the actions of bona fide medical personnel involving a Prohibited Substance Used for genuine and legal therapeutic purposes or other acceptable justification, and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.UNESCO Convention: The International Convention against Doping in Sport adopted by the 33rd session of the UNESCO General Conference on 19 October 2005, including any and all amendments adopted by the States Parties to the Convention and the Conference of Parties to the International Convention against Doping in Sport.Use: The utilization, application, ingestion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method.WADA : The World Anti-Doping Agency.Without Prejudice Agreement: For purposes of Articles 10.7.1.1 and 10.8.2, a written agreement between an Anti-Doping Organization and an Athlete or other Person that allows the Athlete or other Person to provide information to the Anti-Doping Organization in a defined time-limited setting with the understanding that, if an agreement for Substantial Assistance or a case resolution agreement is not finalized, the information provided by the Athlete or other Person in this particular setting may not be used by the Anti-Doping Organization against the Athlete or other Person in any Results Management proceeding under the Code, and that the information provided by the Anti-Doping Organization in this particular setting may not be used by the Athlete or other Person against the Anti-Doping Organization in any Results Management proceeding under the Code.
Such an agreement shall not preclude the Anti-Doping Organization, Athlete or other Person from using any information or evidence gathered from any source other than during the specific time-limited setting described in the agreement.
World Anti-Doping Code 2021179DEFINITIONS SPECIFIC TO ARTICLE 24.1Aggravating Factors: This term encompasses a deliberate attempt to circumvent or undermine the Code or the International Standards and/or to corrupt the anti-doping system, an attempt to cover up non-compliance, or any other form of bad faith on the part of the Signatory in question; a persistent refusal or failure by the Signatory to make any reasonable effort to correct Non-Conformities that are notified to it by WADA ; repeat offending; and any other factor that aggravates the Signatory’s non-compliance.
Approved Third Party: One or more Anti-Doping Organizations and/or Delegated Third Parties selected or approved by WADA , following consultation with the non-compliant Signatory, to Supervise or Takeover some or all of that Signatory’s Anti-Doping Activities.
As a last resort, if there is no other suitable body available, then WADA may carry out this function itself.Critical: A requirement that is considered to be Critical to the fight against doping in sport.
See further Annex A of the International Standard for Code Compliance by Signatories.Fine: Payment by the Signatory of an amount that reflects the seriousness of the non-compliance/Aggravating Factors, its duration, and the need to deter similar conduct in the future.
In a case that does not involve non-compliance with any Critical requirements, the Fine shall not exceed the lower of (a) 10% of the Signatory’s total annual budgeted expenditure; and (b) US $100,000.
The Fine will be applied by WADA to finance further Code compliance monitoring activities and/or anti-doping Education and/or anti-doping research.General: A requirement that is considered to be important to the fight against doping in sport but does not fall into the categories of Critical or High Priority.
See further Annex A of the International Standard for Code Compliance by Signatories.
High Priority: A requirement that is considered to be High Priority but not Critical in the fight against doping in sport.
See further Annex A of the International Standard for Code Compliance by Signatories.World Anti-Doping Code 2021180APPENDIX 1 DefinitionsNon-Conformity: Where a Signatory is not complying with the Code and/or one or more International Standards and/or any requirements imposed by the WADA Executive Committee, but the opportunities provided in the International Standard for Code Compliance by Signatories to correct the Non-Conformity/Non-Conformities have not yet expired and so WADA has not yet formally alleged that the Signatory is non-compliant.Reinstatement: When a Signatory that was previously declared non-compliant with the Code and/or the International Standards is determined to have corrected that non-compliance and to have met all of the other conditions imposed in accordance with Article 11 of the International Standard for Code Compliance by Signatories for Reinstatement of its name to the list of Code-compliant Signatories (and Reinstated shall be interpreted accordingly).Representatives: Officials, directors, officers, elected members, employees, and committee members of the Signatory or other body in question, and also (in the case of a National Anti-Doping Organization or a National Olympic Committee acting as a National Anti-Doping Organization) Representatives of the government of the country of that National Anti-Doping Organization or National Olympic Committee.Special Monitoring: Where, as part of the consequences imposed on a non-compliant Signatory, WADA applies a system of specific and ongoing monitoring to some or all of the Signatory’s Anti-Doping Activities, to ensure that the Signatory is carrying out those activities in a compliant manner.Supervision: Where, as part of the consequences imposed on a non-compliant Signatory, an Approved Third Party oversees and supervises the Signatory’s Anti-Doping Activities, as directed by WADA , at the Signatory’s expense (and Supervise shall be interpreted accordingly).
Where a Signatory has been declared non-compliant and has not yet finalized a Supervision agreement with the Approved Third Party, that Signatory shall not implement independently any Anti-Doping Activity in the area(s) that the Approved Third Party is to oversee and supervise without the express prior written agreement of WADA .
World Anti-Doping Code 2021181Takeover: Where, as part of the consequences imposed on a non-compliant Signatory, an Approved Third Party takes over all or some of the Signatory’s Anti-Doping Activities, as directed by WADA , at the Signatory’s expense.
Where a Signatory has been declared non-compliant and has not yet finalized a Takeover agreement with the Approved Third Party, that Signatory shall not implement independently any Anti-Doping Activity in the area(s) that the Approved Third Party is to take over without the express prior written agreement of WADA .
Compliance Review Committee ToR: ExCo Approved 23 September 2019 Page 1 of 7 COMPLIANCE REVIEW COMMITTEE Terms of Reference The World Anti -Doping Agency (WADA)’s Compliance Review Committee (CRC) is constituted under Article 11 of the Constitutive Instrument of Foundation (also known as the Statutes) as a designated Standing Committee of the organization.
These Terms of Reference have been approved by the WADA Executive Committee [in September 2019] and are publicly available and published on the WADA website.
They are reviewed annually to ensure they remain accurate and fit for purpose.
The WADA Statutes and By Laws of the WADA Executive Committee on Standing Committees can be referenced in conjunction with these Terms of Reference.
Purpose The CRC is independent and non-political .
Its purpose is to oversee WADA's efforts to secure compliance , and monitor ongoing compliance by Signatories to the World Anti -Doping Code (the Code) with the relevant requirements of the Code and the supporting International Standards.
Goals and Objectives The framework for WADA's efforts to secure and monitor Signatory compliance, and for the Committee's independent oversight thereof, is set out in Code Article 23.5 and in the International Stand ard for Code Compliance by Signatories ( 'ISCCS ').1 Within that framework, the Committee's responsibilities include (without limitation) : 1) Provid ing expert guidance to the WADA internal Compliance Taskforce (the 'Compliance Taskforce') on the set -up and development of the WADA compliance program ; 2) Review ing proposals by the Compliance Taskforce to prioritize the monitoring for Code compliance of certain categories of Signatories and/or of certain specific Signatories; 3) Review ing proposals by the Comp liance Taskforce to prioritize enforcement of Critical requirements and (in certain circumstances) High Priority requirements of the Code and/or the International Standards; 1 Defined terms used in these Terms of Reference (denoted by initial capital letters) that are not defined herein bear the meaning given to them in the Code or in the ISCCS.
Compliance Review Committee ToR: ExCo Approved 23 September 2019 Page 2 of 7 4) Overseeing WADA decisions as to which Signatories shall undergo a Compliance Audi t; and 5) Review ing cases of Signatory Non-Conformity /ties referred to it by the Compliance Task force and making recommendations of non -compliance and related consequences, when warranted, to the WADA Executive Committee , in accordance with the relevant provisions of the ISCCS .
Reporting Structure The Committee through its Chair (or Vice -Chair where applicable) will report as and when necessary to the WADA Executive Committee and Foundation Board.
Composition (including Terms of Appointment) The Committee will be composed of five to seven2 members (including the Chair and the Vice -Chair ).
The current composition is as follows: • One Independent Chair ; • Two independent Experts; • Two members nominated by their Stakeholder group (i.e.
one from Sport and one from the Public Authorities); • One athlete representative .
Article 11 of the WADA Statutes states that each member, including the Chair shall be appointed for a period of three years.
The term begins on the da te of appointment, generally at the beginning of a calendar year3.
Members may be reappointed for a maximum of two further consecutive terms of three years provided that they continue to meet all relevant eligibility criteria.
They cannot serve for more th an nine years in aggregate for the same Committee.
The Bylaws on Standing Committees outline additional details of term limits.
A rotation policy for the Committee shall apply so that generally one third of the members change every year.
Such rotation wil l be carried out in a manner that ensures continuity of Committee experience and expertise.
Where there are upcoming vacant seats on the Committee and they are Stakeholder seats, a public call will be issued at least six months4 before the meeting date a t which the vacancies will be approved.
The list of candidates for vacancies, together with the continuing members of the Committee will be reviewed as a whole by the Chair , in consultation with the Chief Operating Officer, the Director General and the Chair of the Foundation Board.
Where there are upcoming vacant seats on the Committee and they are the independent expert seats or that of the athlete representative , the Nominations Committee will be responsible for searching for and vetting candidates.
Once a candidate has been deemed to fulfil the vetting criteria, they will be presented 2 Article 11 of the WADA Statutes refers that Standing Committees will not have more than 12 members .
Due to the nature of the CRC work, a smaller number has been determined for this specific Committee .
3 The 2020 Committee members w ill be exceptionally approved early in 2020 (and not in November 2019) due to limited timing in the roll -out of WADA’s governance reforms.
4 In 2019 (for 2020), the six -month period will exceptionally not apply due to limited timing in the roll -out of governance reforms.
Compliance Review Committee ToR: ExCo Approved 23 September 2019 Page 3 of 7 to the WADA Executive Committee for approval.
If approved, they will be appointed by the Executive Committee for a term of three years.
The composition of the Committee shall aim to ensure appropriate balance amongst the membership: ▪ Relevant background and experience; ▪ Relevant expertise in complianc e; ▪ Geographical region; ▪ Gender; ▪ Cultur e; and ▪ Government and/or sports nominations.
The WADA Statutes state that the Executive Committee may remove individuals from the Committee where it considers it is appropriate to do so (in its sole discretion) by way of a simple majority of the votes cast by the members present at the time of the vote.
Chair / Vice Chair The Chair of the CRC is appointed by the WADA Executive Committee .
The Chair must meet WADA’s strictest definition of independence (as outlined in the WADA Foundation Board Bylaws on Independence, and included below).
The Chair cannot be a member of the WADA Executive Committee.
The Committee members other than the Chair will elect one of their number to act as Vice -Chair when the Chair is not present or is unable for any reason to act.
The length of the Vice -Chair ’s term , as Vice -Chair , will be equal to the length of his/her term as a member of the Committee.
Skills Requirements A detailed profile description is used in the selection of the Chair of the Committee.
Please refer to the “CRC Chair Role Description/Positio n Profile” document.
On the whole, the Members of the Committee should have skills and experience commensurate with the purpose, goals and objectives of the Committee.
These include: ▪ Relevant background and experience (e.g., in sport, anti -doping, compliance, law, and/or otherwise); ▪ Relevant expertise in compliance (e.g.
at least two members should be compliance experts, with substantial experience in compliance monitoring, quality ass essment, ISO expertise, etc. )
Independence The Committee shall operate exclusively under these Terms of Reference , in order to ensure the independence and specialization of its members, which is critical for the credibility and effectiveness of the Comm ittee’s work.
Compliance Review Committee ToR: ExCo Approved 23 September 2019 Page 4 of 7 In accordance with the By Laws of the Foundation Board on Independence, each Committee member shall remain free of undue influence and be independent in character and judgement and shall avoid any relationships or circumstances which, to an informed third party, could affect, or could appear to affect, the Individual’s judgement .
For the nominees or representatives of the Public Authorities and of the Sports Movement, as well as the athlete representative if he/she is a member of a Stakeholder, this means their role is to ensure that the perspectives of the constituency that they a re nominated by or have been appointed to represent are properly understood and taken into account in the Committee's deliberations.
However, these members are and must remain independent of that constituency, and must make decisions and cast their vote based on their assessment of what is in the best interests of clean athletes and the fight against doping .
Each candidate to the Committee will disclose to the Nominations Committee (where applicable) and each member of the Committee shall disclose to WADA' s Director General any facts or circumstance that they consider might impair their ability to remain independent according to this standard, e.g., if a reasonable third party would conclude based on those facts or circumstances that it is likely that the candidate/ member may be influenced by factors other than the interests of clean sport in fulfilling his/her duties.
The candidate/ member will thereafter provide any further information required to enable the position to be assessed accurately.
Over and ab ove this: • The Members must meet WADA’s general definition of independence5: "An individual is considered independent when he/she is independent in character and judgment and there are no relationships or circumstances which to an informed third party could affect, or could appear to affect, the individual's judgment".
The Chair is also subject to the most stringent independence criteria6: “No current connections with governments and sport institutions The individual holds no duty or responsibility to, and no office or relationship with, a sports institution, or government or public corporation (includes corporations funded by the State but which operate autonomously from the State).
Government: - Must not hold any senior position (Head of State/Cabinet Ministers/Ministers & Secretary of State/Deputy Minister/heads of departments/Executive officers of Public corporation).
- Must receive no personal benefits (salaries, honoraria etc..) from any governments or public corporations; - Must not report to, be directed by, seek guidance of official or political party on matters related to WADA.